It all started with this twitter hashtag. Actually, no – one might want to start from an earlier point in time. On February 20th 1984 a local newspaper published an article titled: “Musicians Complain of Royalties” where it was reported that musicians who were members of the then Musicians Performing Rights Society of Kenya (MPRSK) had complained that the license fees collected on their behalf by MPRSK under a pre-existing collaboration agreement with the Performers Rights Society (PRS) in London were not being paid out to MPRSK members. On March 1st 1984, Mr. S.N. Ndemange the then MCSK General Manager wrote a letter captioned “Royalty Payment” addressed to Mr. Habel Mwalumba Kifoto, one of the complaining musicians mentioned in the newspaper article, explaining that the functions of MPRSK had since been taken over by MCSK, a duly registered company limited by guarantee incorporated a year prior in 1983, that would serve as the national society of composers, authors and publishers of musical works. Shortly after, Kifoto joined MCSK as a member and later rose up the ranks to become the Chairman of the Board of Directors at MCSK, a seat he occupied until his untimely demise on July 31st 2011.

On January 16th 2016, popular social media-savvy journalist Larry Madowo posted the tweet captioned above in reference to a list of alleged corrupt public officials disclosed by Raila Odinga, of Luo descent, a former Prime Minister and currently leader of the Orange Democratic Movement (ODM) party in the Opposition. The uproar and outrage from Raila supporters on social media was incredible. One Raila supporter reportedly chided Madowo in the following terms: “Kneel at the shores of Lake Victoria and call the name of Raila three times at the full glare of cameras…Then present a black goat without blemish to The Luo Council of elders. Raila is an institution not an individual.”

Late last year, the Communications Authority of Kenya (CA) published six Draft Kenya Information and Communications Regulations inviting stakeholders and members of the public to provide comments on these Regulations. One of these Regulations is the Kenya Information and Communications (Electronic Transactions) Regulations 2016 which are a new set of regulations developed following amendments to the Constitution in 2010 and the Kenya Information and Communications Act in 2013.

From the discussion of the draft below, one forms the general view that these proposed Electronic Transactions Regulations ought to be re-drafted as a stand-alone Act of Parliament as opposed to being mere subsidiary legislation. Be it as it may, the draft contains a number of technically impracticable provisions, unclear terms blurring the line between service providers and clients.

Late last year, the Communications Authority of Kenya (CA) published six Draft Kenya Information and Communications Regulations inviting stakeholders and members of the public to provide comments on these Regulations. One of these Regulations is the Kenya Information and Communications (Cyber-security) Regulations 2016 which are a new set of regulations developed following amendments to the Constitution in 2010 and the Kenya Information and Communications Act in 2013.

In an earlier blogpost here, CIPIT Director Isaac Rutenberg has already outlined some of the difficulties with a few of the proposed provisions in the draft Regulations that had been reported in the media. From the discussion of the draft below, one forms the general view that the Cybersecurity Regulations contain a number of technically impracticable provisions, unclear terms and contradictory obligations for service providers.

Kenya is a key economic hub in East Africa- an area which has witnessed striking economic growth in recent years. Increased foreign investment and vibrant local entrepreneurship are fueling increased trademark activity, so all firms on the accompanying tables have enjoyed uplifts in their filing work. – WTR 1000 6th edition

A new research publication- WTR 1000- The World’s Leading Trademark Professionals(2016 edition) has been published online by the World Trademark Review listing law firms and individuals that offer topnotch, reliable and quality trademark services. The publication, which is now on its 6th edition, ranks practitioners and their firms in trademark practice exclusively and is a great guide for multinational companies looking to develop their brands and get top-quality services in the event of trademark infringement.

As many may know, Gearbox is a new community endeavour from BRCK, Ushahidi, the iHub, and Sanergy seeking to build a shared platform for innovation in hardware and manufacturing. To do so, Gearbox is bringing together engineers, entrepreneurs, designers, small businesses, multinationals, investors and policy makers around a community space equipped for rapid prototyping and low-volume production across a range of materials and processes, including wood, metal, plastics, composites, electronics, finishing, biotech, and more.

In a previous post here, there was a brief preview of a pending Supreme Court of Canada decision in the case of Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57. This blogger is pleased to report that the much-awaited decision was recently delivered and it principally addresses the principles of balancing user and right-holder interests and of technological neutrality in the context of copyright law.

From a Kenyan intellectual property (IP) perspective, this decision also offers useful insights on how users of copyright protected works may wish to engage with copyright administrators whether government regulators or the collective management organisations (CMOs) in the area of valuation of rights, tariff-setting and licensing arrangements.

Earlier this year, this blogger reported here this ruling: In the Matter of Trade Mark No. KE/T/2010/67586 “KENYA BOYS CHOIR” (WORDS) in Classes 16 and 41 in the Name of Joseph Muyale Inzai and Expungement Proceedings Thereto by Kenyan Boys Choir by the Assistant Registrar of Trade Marks at the Kenya Industrial Property Institute (KIPI).
In this case, one Joseph Muyale Inzai filed an application to register his trade mark “KENYA BOYS CHOIR” (WORDS) before the Registrar of Trade Marks in classes 16 and 41 of the Nice Classification. The mark was approved, published and thereafter entered in the Register of Trade Marks in 2010.

As many readers may know, there are currently no provisions under the Laws of Kenya that specially address the issue of intermediary liability. There are no stated take down laws, policies or procedures. There is also no safe harbour for intermediaries or similar provisions limiting their liability. From an intellectual property (IP) perspective, it will also be recalled that Kenya has not ratified and fully implemented the WIPO 1996 Internet Treaties which many argue has left Kenyan works without adequate protection in the digital online environment.

It is against this backdrop that Kenya Copyright Board invited stakeholders to comment on draft proposals to amend the Copyright Act to address intermediary liability. So far, this blogger has seen the submissions made public by the Kenya Library and Information Services Consortium (KLISC) and those by Strathmore University’s Centre for Intellectual Property and Information Technology (CIPIT). The KLISC and CIPIT submissions are available here and here respectively. As for Safaricom’s views on intermediary liability, this blogger submits that certain inferences can be made from past conduct as well as existing provisions in their contracts with content service providers (CSPs) and rights holders.